420.005
Definitions.
As used in ORS 420.005 to 420.048, 420.060 to 420.235, 420.810 to 420.840 and
420.905 to 420.915, unless the context requires otherwise:

(1)
“Design capacity” means the number of youth offenders or other persons a youth
correction facility is able to hold based on applicable safety codes and
standards.

(2)
“Director” means the Director of the Oregon Youth Authority.

(3)
“Youth authority” means the Oregon Youth Authority.

(4)
“Youth correction facility” means a facility used for the confinement of youth
offenders and other persons placed in the legal or physical custody of the
youth authority and includes secure regional youth facilities, regional
accountability camps, residential academies and satellites, camps and branches
of those facilities.

420.011
Admissions to youth correction facilities; assignment of persons within custody
of Department of Corrections; temporary assignment; return to Department of
Corrections custody.
(1) Except as provided in subsections (2) and (3) of this section, admissions
to the youth correction facilities are limited to youth offenders who are at
least 12 but less than 19 years of age, found by the juvenile court to have
committed an act that if committed by an adult would constitute aggravated
murder, murder, a felony or a Class A misdemeanor and placed in the legal
custody of the Oregon Youth Authority. A youth offender admitted to a youth
correction facility may not be transferred by administrative process to any
penal or correctional institution.

(2)(a)
In addition to the persons placed in the legal custody of the youth authority
under ORS 419C.478 (1) or 419C.481, and with the concurrence of the Director of
the Oregon Youth Authority or the director’s designee, persons who are
committed to the Department of Corrections under ORS 137.124 and meet the
requirements of ORS 137.124 (5) or (7) may be temporarily assigned to a youth
correction facility as provided by ORS 137.124 (5) or (7). A person assigned on
such a temporary basis remains within the legal custody of the Department of
Corrections and such reassignment is subject to termination by the Director of
the Oregon Youth Authority by referring the person back to the Department of
Corrections as provided in paragraph (b) of this subsection.

(b)
After a person is transferred to the physical custody of the youth authority
under ORS 137.124 (5) or (7), the Director of the Oregon Youth Authority may
refer the person back to the Department of Corrections for physical custody and
placement if the director, after consulting with the Department of Corrections,
determines that the person:

(A)
Poses a substantial danger to youth authority staff or persons in the custody
of the youth authority; or

(B)
Is not likely, in the foreseeable future, to benefit from the rehabilitation
and treatment programs administered by the youth authority and is appropriate
for placement in a Department of Corrections institution.

(3)
Any person under 18 years of age at the time of committing the crime and under
20 years of age at the time of sentencing and commitment who, after waiver
under ORS 419C.349, 419C.352, 419C.364 or 419C.370 or sentencing under ORS
137.707 (5)(b)(A) or (7)(b) or 137.712, is sentenced to a term of imprisonment
in the custody of the Department of Corrections, and any person under 16 years
of age who after waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 or
sentencing under ORS 137.707 (5)(b)(A) or (7)(b) or 137.712 is sentenced to a
term of imprisonment in the county jail, shall be temporarily assigned to a
youth correction facility by the Department of Corrections, or by the sheriff
to whose custody the person has been committed, pursuant to ORS 137.124 (6).
The director shall designate the appropriate youth correction facility or
schools for such assignment. A person assigned to a youth correction facility
under ORS 137.124 (6) and this subsection remains within the legal custody of
the Department of Corrections or sheriff to whose custody the person was
committed. The assignment of such a person to the youth correction facility is
subject, when the person is 16 years of age or older, to termination by the
director by referring the person back to the Department of Corrections or the
sheriff to serve the balance of the person’s sentence. Assignment to a youth
correction facility pursuant to ORS 137.124 (6) and this subsection, if not
terminated earlier by the director, shall terminate upon the person’s attaining
the age specified in ORS 420A.010 (5) setting the age limits for which the
Oregon Youth Authority may retain legal and physical custody of the person, and
the person shall be referred to the Department of Corrections or the sheriff
having legal custody of the person to serve the balance of the person’s
sentence.

420.014
Population limits; controlling admissions; rules. (1) The total
population of youth offenders confined in the youth correction facilities may
not exceed the design capacity of the facilities designated for close custody
purposes by the Director of the Oregon Youth Authority. The total population
limit shall include offenders in the youth correction facility who were waived
by the juvenile court to be prosecuted as adults or who were prosecuted as
adults under ORS 137.707.

(2)
The director by rule shall determine reasonable standards for care and
treatment of youth offenders housed in youth correction facilities. Within the
total limit established under subsection (1) of this section, the Director of
the Oregon Youth Authority shall establish and impose a maximum allowable
population level for each youth correction facility. The maximum allowable
population shall not exceed the design capacity for the facility and shall be
further limited by the ability of the facility to meet the standard of care and
treatment established by rule under this subsection, protect communities, hold
youth offenders accountable for their behavior and improve the competency of
youth offenders to become responsible and productive members of their
communities.

(3)
The director by rule shall establish criteria upon which the decision to place
a youth in a youth correction facility must be based, and which, in turn, shall
be based upon behaviors and characteristics of youths otherwise eligible for
commitment to a youth correction facility.

(4)
After conferring with the juvenile court judges, the director shall develop and
implement by rule, a method of controlling admissions to the youth correction
facilities so as not to exceed maximum levels determined under subsections (1)
and (2) of this section. [1985 c.500 §4; 1987 c.507 §1; 1993 c.762 §1; 1995
c.422 §90; 2001 c.904 §6; 2001 c.905 §7]

Note: 420.014 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 420 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

420.017
Diversion plan.
(1) The Oregon Youth Authority shall develop annually a plan for diversion of
delinquent youth from commitment to the youth correction facilities to
alternative community services.

(2)
The juvenile departments shall develop a plan for services needed to divert the
commitment of youth from the youth correction facilities, and how these
services are to be administered if funds are provided. The plan must be
approved in the form of a resolution by the governing body of the appropriate county
and of a letter of concurrence from the presiding judge for the judicial
district in which the juvenile court is located.

420.019
Implementation of diversion plan. (1)(a) The Oregon Youth Authority may
contract with the governing body of a county or two or more counties, if the
counties have joined together as a consortium or region, for implementing the
statewide diversion plan, which may include juvenile parole and probation
services or out-of-home placement.

(b)
A county or counties that contract with the Oregon Youth Authority under this
section shall have access to a continuum of out-of-home placement options
including, but not limited to, youth correction facilities, youth care centers,
foster care and private placements. Participating counties shall be ensured
access to an equitable share of out-of-home placements.

(c)
A county or counties that contract with the Oregon Youth Authority under this
section have the responsibility for parole decisions regarding youths from the
county or counties committed to youth correction facilities. In the event that
a county or counties are operating over the allocated youth correction facility
cap, the youth authority may assume parole authority until the county
population is at the cap.

(d)
The state and county may agree that the governing body of the county or
counties may subcontract for services or that the state will provide services
or that the county or counties may subcontract for some services and the state
provide other services as stipulated in the contract with the youth authority.

(e)
When services previously provided by the Oregon Youth Authority transfer to a
county or counties, terms of the contract must include, but need not be limited
to, the actual cost of employee salaries, benefits and other payroll expenses,
plus support costs necessary for the transferred positions.

(f)
The youth authority is responsible for performance auditing of contracts and
subcontracts.

(g)
The youth authority shall contract directly with service providers in those
counties where the governing body of the county or counties chooses not to
contract with the youth authority.

(h)
The funds provided to implement the diversion plan or provide for out-of-home
placement or parole and probation services shall not be used by a county to
supplant moneys otherwise provided to the county juvenile department for
services to delinquent youth.

(2)(a)
Unless otherwise provided in the contract, a county that is contracting with
the youth authority under subsection (1) of this section shall supervise state
employees providing parole and probation services within the county.

(b)
Subject to a collective bargaining agreement, supervision under this subsection
includes discipline, performance evaluation, training and all other functions
previously carried out by state employed supervisors. [1985 c.500 §8; 1995
c.422 §92; 1997 c.249 §134]

420.020 [Amended by
1955 c.89 §1; 1965 c.616 §40; renumbered 420.075]

420.021
Expenses borne by county. All traveling and other expenses incurred in
placing a person in a youth correction facility in the legal custody of the
Oregon Youth Authority and delivering the person into the custody of the youth
authority under ORS 419B.337 (1), 419C.478 (1) or 419C.481 shall be borne by
the county from which the person was placed in the legal custody of the youth
authority. [Formerly 420.160; 1969 c.679 §6; 1971 c.401 §97; 1993 c.33 §344;
1995 c.422 §93]

420.031
Wardship over youth offender at youth correction facility; legal custody of
youth offender.
(1) The granting of legal custody and guardianship over the youth offender to
the Oregon Youth Authority does not terminate the juvenile court’s jurisdiction
over the youth offender.

(2)
Upon parole of the youth offender from a youth correction facility, the legal
custody of the youth offender is vested in the parents of the youth offender or
other person to whom the youth offender is returned, subject to ORS 420.045
(3). [Formerly 420.015; 1969 c.679 §8; 1971 c.401 §99; 1995 c.422 §94; 2003
c.396 §141]

420.035 [1985 c.500 §5;
repealed by 1993 c.742 §82]

420.037 [1985 c.500 §6;
repealed by 1993 c.742 §82]

420.040
Liability for misconduct of youth offender placed in youth correction facility. The youth
correction facility, the superintendents of the youth correction facility, the
Director of the Oregon Youth Authority and personnel of the Oregon Youth
Authority are not liable for any damages whatsoever that are sustained by any
person on account of the actions or misconduct of a youth offender placed in a
youth correction facility. [1963 c.256 §10; 1965 c.616 §39; 1969 c.597 §129;
1971 c.401 §100; 1995 c.422 §95; 2007 c.71 §113]

420.045
Parole; discharge; revocation of parole. (1) Upon finding that a youth offender
placed in a youth correction facility is ready for release therefrom and that
the youth offender had best be returned to the parent or guardian of the youth
offender or to a suitable and desirable home or facility, the Director of the
Oregon Youth Authority may, after advising the committing court, release the
youth offender on parole conditioned upon good behavior.

(2)
At such time as the Director of the Oregon Youth Authority finds that final
release is compatible with the safety of the community and the best interests
of the youth offender, with the consent of the committing court, the Director
of the Oregon Youth Authority may make and issue a final order discharging the
youth offender.

(3)
The Director of the Oregon Youth Authority may revoke a parole if the
conditions of the parole have been violated or if the continuation of the youth
offender on parole would not be in the best interests of the youth offender or
the community. After the revocation of parole, the Director of the Oregon Youth
Authority shall immediately advise the committing court thereof. [1965 c.616 §37;
1969 c.679 §9; 1971 c.401 §101; 1995 c.422 §96]

420.048
Notice required when youth offender transfers to new school or school district. (1)(a) When a
youth offender who is in the legal custody of the Oregon Youth Authority
transfers from one school or school district to a different school or school
district, the person responsible for supervising the youth offender shall
notify the school administrator of the school or of the school district to
which the youth offender has transferred of the youth offender’s status as a
youth offender. The person shall make the notification no later than 72 hours
after the person knows of the transfer.

(b)
When a school administrator receives notification under this section, the
school administrator may request the Oregon Youth Authority to provide
additional information about the youth offender. The youth authority shall
provide additional information, including the offense that brought the youth
offender within the jurisdiction of the juvenile court and such other
information that is subject to disclosure under ORS 419A.255 (6).

(2)
The youth authority shall include in the notice the following:

(a)
The name and date of birth of the youth offender;

(b)
The names and addresses of the youth offender’s parents or guardians;

(c)
The name and contact information of the attorney for the youth offender, if
known;

(d)
The name and contact information of the person giving notice under subsection
(1) of this section or the person’s designated representative to contact for
further information about the notice;

(e)
The specific offense that brought the youth offender within the jurisdiction of
the juvenile court and whether it involved a firearm or the delivery of a
controlled substance, a violation of ORS 163.355 to 163.445 or 163.465 or any
other offense if the youth authority or juvenile court believes the youth
offender represents a risk to other students or school staff; and

(f)
Any terms of probation.

(3)
Except as otherwise provided in ORS 192.490, the youth authority, a school
district or a school administrator, or anyone employed or acting on behalf of
the youth authority, school district or school administrator, who sends or
receives records under this section is not liable civilly or criminally for
failing to disclose the information under this section.

(4)
As used in this section:

(a)
“School administrator” has the meaning given that term in ORS 419A.305.

420.054
Authorization for medical and other remedial care and treatment of person in
physical custody of youth authority. The Oregon Youth Authority may
authorize ordinary medical, dental, psychiatric, psychological, hygienic or
other remedial care and treatment for a person under 18 years of age who is
placed in the physical custody of the youth authority under ORS 137.124 and, in
an emergency in which the safety of the person appears urgently to require it,
may authorize surgery or other extraordinary care. [2001 c.195 §3]

420.060
Employment agreements; definitions. (1) Upon finding that the education and
training of a youth offender placed in a youth correction facility will be
furthered if the youth offender is permitted to work at gainful employment on a
temporary basis, the superintendent may enter into an agreement with any
suitable person or business establishment for the temporary employment of the
youth offender.

(2)
For the purposes of ORS 420.060 to 420.074, “youth correction facility”
includes youth care centers as defined in ORS 420.855 and approved by the
Oregon Youth Authority pursuant to ORS 420.865, and “superintendent” includes
the person in charge of any such youth care center. [1969 c.410 §1; 1971 c.401 §103;
1995 c.422 §97]

420.065
Youth offender’s compensation; disposition of compensation. (1) Such
agreements shall provide for compensation to be paid for the youth offender’s
work at the prevailing wages for such work in the community where the youth
offender is employed or at a wage rate approved by the superintendent.

(2)
All sums earned by a youth offender placed in a youth correction facility,
other than amounts involuntarily withheld by the employer of the youth
offender, shall be paid directly to the superintendent or to the youth offender
if so directed by the superintendent. Except as otherwise provided in ORS
419C.203, all moneys received by the superintendent under this section shall be
placed in a trust account to be used solely for the benefit of the youth
offender. [1969 c.410 §2; 1995 c.422 §98; 1997 c.724 §2]

420.070
Youth offender in legal custody of superintendent. While
temporarily employed under ORS 420.060 to 420.074, a youth offender placed in a
youth correction facility shall remain in the legal custody of the
superintendent. The superintendent shall continue to exercise appropriate
supervision over the youth offender during the period of the temporary
employment of the youth offender. [1969 c.410 §3; 1995 c.422 §99]

420.074
Employment status of youth offender. While temporarily employed under the
provisions of ORS 420.060 to 420.074, youth offenders placed in a youth
correction facility are entitled to the protection and benefits of ORS chapters
652, 654 and 656 to the same extent as other employees of their employer under
21, except that:

(1)
Payment of wages by an employer of a youth offender directly to the
superintendent as provided by ORS 420.065 (2) shall not be deemed in violation
of ORS chapter 652; and

(2)
Compensation paid under ORS chapter 656 that is not expended on medical
services shall be treated in the same manner as the youth offender’s earnings
under ORS 420.065, so long as the youth offender remains in the legal custody
of the youth correction facility. [1969 c.410 §4; 1995 c.79 §217; 1995 c.422 §100]

420.075 [Formerly
420.020; repealed by 1969 c.597 §281]

PETTY
CASH FUND

420.077
Petty cash fund.
(1) The institution petty cash fund shall be used by the Oregon Youth Authority
to meet immediate spending needs such as clothing, transportation, supplies,
and other incidentals for clients at the youth correction facilities.

(2)
The Director of the Oregon Youth Authority shall designate custodians for
subaccounts of the institution petty cash fund at each of the youth correction
facilities. To establish the subaccounts, the youth authority may prepare vouchers
in favor of the persons designated as custodians. Warrants shall be drawn for
the amounts of the vouchers.

(3)
Subject to rule established by the Oregon Department of Administrative
Services:

(a)
The designated custodians may make disbursements as authorized by subsection
(1) of this section.

(b)
With the approval of the State Treasurer and notwithstanding ORS 293.265, the
designated custodians may hold institution petty cash funds in cash or may
deposit them to the account of the Oregon Youth Authority, in any bank or banks
in the state authorized as a depository of state funds, or in the State
Treasury, or may hold part in cash and deposit the remainder.

(4)
The designated custodians shall at least monthly submit to the director
verified reimbursement vouchers properly supported by evidences of
disbursements from the subaccounts of the petty cash fund. Upon allowance of
the reimbursement vouchers, the Oregon Department of Administrative Services
shall issue a warrant on the State Treasurer in favor of the designated
custodians, payable out of Oregon Youth Authority trust fund subaccounts equal
to the amounts expended. [1985 c.490 §4; 1987 c.158 §73; 1989 c.51 §2; 1995
c.422 §101]

Note: 420.077 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 420 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

420.210
Establishing work and training camps for youth offenders. The Director of
the Oregon Youth Authority, in cooperation with any public agency, may
establish at any place in this state one or more work and training camps for
any youth offenders committed to the custody of the Oregon Youth Authority who
are determined by the director to be qualified and amenable as security risks
for work and training in such camps. [1953 c.154 §1; 1963 c.256 §5; 1969 c.597 §130;
1971 c.401 §105; 1995 c.422 §103; 2001 c.295 §1]

420.215
Operation of camps by Director of Oregon Youth Authority. Any camp
established pursuant to ORS 420.210 shall be maintained and operated under the
supervision of the Director of the Oregon Youth Authority and shall be
governed, as far as applicable, by the rules and regulations concerning
discipline, care and education of the youth authority. [1953 c.154 §2; 1995
c.422 §104; 2001 c.295 §2]

420.220
Responsibility for custody of youth offenders assigned to camp. The Director of
the Oregon Youth Authority is responsible for the care and custody of all youth
offenders assigned to a camp established under ORS 420.210. [1953 c.154 §3;
1995 c.422 §105; 2001 c.295 §3]

420.225
Cooperation with public agencies in work assignments. The Director of
the Oregon Youth Authority and the persons employed by the director or designated
to have direct control of the youth offenders at camp shall cooperate to the
fullest extent with any public agency assisting in the camp program in making
assignments and in supervising any work or training of youth offenders who are
physically able to perform manual labor. [1953 c.154 §4; 1963 c.256 §6; 1995
c.422 §106; 2001 c.295 §4]

420.230
Contracts with public agencies. The Director of the Oregon Youth
Authority may enter into contracts with any public agency cooperating or
willing to cooperate in the camp program to carry into effect the purposes of
ORS 420.210 to 420.235, providing among other things for the type of work to be
performed by youth offenders at any camp, for rate of payment and other matters
relating to the maintenance and training of the youth offenders while at a
camp. [1953 c.154 §5; 1963 c.256 §7; 1969 c.597 §131; 1971 c.401 §106; 1995
c.422 §107; 2001 c.295 §5]

420.235
Return of rule violator or bad security risk to more secure youth correction
facility.
Any youth offender who violates the rules and regulations relating to
discipline of a camp or who appears to the Director of the Oregon Youth Authority
to be a bad security risk may be returned to a more secure youth correction
facility on order of the director. [1953 c.154 §6; 1995 c.422 §108; 2001 c.295 §6]

WORK
RELEASE PROGRAM

420.240
Work release program; rules. (1) The Oregon Youth Authority may
establish and administer a work release program in which persons who are
committed to the custody of the Department of Corrections and placed in the
physical custody of the youth authority under ORS 137.124 or other statute may
be authorized to leave assigned quarters for the purpose of:

(a)
Participating in private, gainful employment;

(b)
Participating in a work program approved by the youth authority, including work
with public or private agencies or persons, with or without compensation;

(c)
Obtaining in this state additional education, including but not limited to
vocational, technical and general education;

(d)
Participating in alcohol or drug treatment programs;

(e)
Participating in mental health programs;

(f)
Specific treatment to develop independent living skills; or

(g)
Other purposes established by the youth authority by rule.

(2)
After consulting with the Department of Corrections, the youth authority shall
adopt rules to carry out the provisions of ORS 420.240 to 420.265.

(3)
The provisions of this section do not apply to persons sentenced under ORS
137.635, 137.700 or 137.707 or any other provision of law that prohibits
eligibility for any form of temporary leave from custody. [2013 c.229 §2]

420.245
Administration by Oregon Youth Authority. (1) The Oregon Youth Authority
shall administer the work release program described in ORS 420.240 to 420.265
by means of such staff organization and personnel as the Director of the Oregon
Youth Authority considers necessary or advisable. In addition to other duties,
the youth authority may:

(a)
Locate employment for qualified applicants;

(b)
Effect placement of persons under the work release program;

(c)
Prescribe any special conditions that are appropriate to ensure compliance by a
person participating in the work release program with the general procedures
and objectives of the work release program; and

(d)
Collect, account for and make disbursements from earnings, if any, of persons
under the work release program.

(2)
The youth authority may enter into agreements with public or private agencies
or persons for the employment of persons participating in the work release
program or for providing services related to the work release program. [2013
c.229 §3]

420.250
Contracts for quartering persons enrolled in program. The Oregon
Youth Authority may contract with the governing bodies of political
subdivisions in this state, with the federal government and with any private
agencies approved by the youth authority for the quartering in suitable local
facilities of persons enrolled in the work release program described in ORS
420.240 to 420.265. [2013 c.229 §4]

420.255
Surrender of compensation; rules. (1) Each person assigned to participate
in the work release program described in ORS 420.240 to 420.265 shall promptly
surrender to the Oregon Youth Authority all compensation the person receives,
if any, other than amounts involuntarily withheld by the employer of the
person.

(2)
The youth authority shall adopt rules providing for the disposition of any
compensation earned by persons under ORS 420.240 to 420.265. [2013 c.229 §5]

420.260
Participant in program not agent of state. A person assigned by the Oregon
Youth Authority to participate in the work release program described in ORS
420.240 to 420.265, or any other work program, is not an agent, employee or
servant of a youth correction facility, the youth authority, the Department of
Corrections or this state or a political subdivision of this state:

(1)
While working, seeking gainful employment or otherwise participating in the
work release or other work program; or

(2)
While going to the place of employment or work release assignment from the
place where the person is quartered or while returning therefrom. [2013 c.229 §6]

420.265
Unauthorized absence.
The unauthorized absence of a person assigned to the work release program from
the place of employment or work assignment or the assigned quarters, if the
absence is contrary to the rules or specific conditions applicable to the
person under ORS 420.240 to 420.265:

(1)
Immediately terminates the assignment of the person to the work release
program; and

(2)
Constitutes escape in the second degree from a correctional facility under ORS
162.155. [2013 c.229 §7]

420.270
Supervision of participant. A youth offender or a person committed to the
custody of the Department of Corrections and placed in the physical custody of
the Oregon Youth Authority under ORS 137.124 or other statute may be supervised
by any employee or agent of a local, state or federal governmental agency while
the youth offender or committed person is assigned to a youth correction
facility and participating in a work release program or other work program
provided by the youth authority, pursuant to an agreement between the agency
and the youth authority. An agreement entered into under this section must
require that persons exercising custodial supervision over the youth offender
or committed person receive security training approved and provided by the
youth authority in consultation with the Department of Corrections. [2013 c.229
§10]

BENEFITS
AND PROTECTIONS

420.275
Benefits and protections afforded to persons in custody of Oregon Youth
Authority.
Persons committed to the custody of the Department of Corrections and placed in
the physical custody of the Oregon Youth Authority under ORS 137.124 or any
other statute:

(1)
Are entitled to the protection and benefits of ORS 655.505 to 655.555.

(2)
Are not entitled to the protection and benefits of ORS chapter 656 or 657. [2013
c.229 §9]

420.500
Restriction on transfer of youth offenders to institutions. A youth
offender in a youth correction facility may not be transferred to an institution
for persons with mental illness or mental retardation for a period of more than
14 days unless the youth offender has been committed to an institution for
persons with mental illness or mental retardation in the manner specified in
ORS 420.505 and 420.525. [1975 c.662 §3; 1995 c.422 §111; 2007 c.70 §200]

420.505
Application by youth offender in youth correction facility for admission to
hospital or facility; examination of applicant; limitation on involuntary
retention at institution. (1) A youth offender at a youth correction facility
may apply for admission to a hospital or facility designated by the Department
of Human Services or the Oregon Health Authority. The application may be made
on behalf of the youth offender by the parents or legal guardian of the youth
offender. However, the superintendent shall not be required to cause the
examination of a youth offender who applies under this section more often than
once in six months.

(2)
Within five working days after receipt of the application, the superintendent
of the youth correction facility shall cause the youth offender to be examined
by one or more qualified persons at the facility and shall request the
examination of the youth offender by one or more qualified persons employed or
designated by the department or the Oregon Health Authority. The examination
conducted or authorized by the department or the Oregon Health Authority shall
take place within five working days after receipt of the request from the
superintendent. The examiners shall prepare separate reports and shall submit
such reports to the superintendent. A copy of the reports shall be given to the
applicant.

(3)
If the superintendent finds that there is a probable cause to believe that the
youth offender has a mental illness and that it would be in the best interests
of the youth offender to be admitted to a hospital or facility designated by
the department or the Oregon Health Authority, the superintendent shall notify
the department or the Oregon Health Authority and shall order the youth
offender transferred pursuant to ORS 179.473.

(4)
No youth offender at a youth correction facility voluntarily admitted to a
hospital or facility designated by the department or the Oregon Health
Authority shall be detained therein more than 72 hours after the youth offender
is of the age specified in ORS 420A.010 (5) setting the age limits for which
the Oregon Youth Authority may retain legal and physical custody of the youth
offender and has given notice in writing of the desire of the youth offender to
be released. If the youth offender is under the age specified in ORS 420A.010
(5) setting the age limits for which the Oregon Youth Authority may retain
legal and physical custody of the youth offender, the youth offender may be returned
to the youth correction facility after notice in writing has been given by the
parent or legal guardian of the youth offender, that such parent or guardian
desires that the youth offender be discharged from the hospital or facility
designated by the department or the Oregon Health Authority. [1975 c.662 §4;
1977 c.601 §7; 1995 c.422 §112; 1997 c.433 §16; 2005 c.439 §3; 2007 c.70 §201;
2009 c.595 §375]

420.510 [Repealed by
1965 c.616 §101]

420.515 [1975 c.662 §5;
repealed by 1977 c.601 §8]

420.520 [Repealed by
1965 c.616 §101]

PAYMENT
OF COMMITMENT PROCEEDING EXPENSES

420.525
County of youth’s residence to pay certain expenses of commitment proceedings. The costs of
the hearings held under ORS 179.473, 419B.328, 419B.331, 419B.334, 419B.337, 419B.343,
419B.346, 419B.349, 419C.446, 419C.450, 419C.478, 419C.481, 419C.486, 419C.489,
419C.492, 419C.498 and 420.500 to 420.525 and the fees for physicians and other
qualified persons appointed under ORS 179.473, 419B.328, 419B.331, 419B.334,
419B.337, 419B.343, 419B.346, 419B.349, 419C.446, 419C.450, 419C.478, 419C.481,
419C.486, 419C.489, 419C.492, 419C.498 and 420.500 to 420.525 shall be charged
to the county of the youth’s residence prior to the initial commitment of the
youth to a youth correction facility or to the county of the inmate’s residence
prior to the initial commitment of the inmate to a penal or correctional
institution. Attorney fees may also be charged to that county if the youth or
inmate has no separate estate or if the parents of the youth refuse or are
unable to provide an attorney. [1975 c.662 §6; 1993 c.33 §345; 1995 c.422 §113]

420.530 [Repealed by
1965 c.616 §101]

420.540 [Repealed by
1965 c.616 §101]

420.550 [Repealed by
1965 c.616 §101]

420.560 [Repealed by
1965 c.616 §101]

420.570 [Repealed by
1965 c.616 §101]

420.580 [Repealed by
1965 c.616 §101]

420.590 [Repealed by
1965 c.616 §101]

420.600 [Repealed by
1965 c.616 §101]

420.610 [Repealed by
1965 c.616 §101]

420.620 [Repealed by
1965 c.616 §101]

420.630 [Repealed by
1965 c.616 §101]

420.640 [Repealed by
1965 c.616 §101]

420.710 [Repealed by
1957 c.160 §6]

420.720 [Repealed by
1957 c.160 §6]

420.730 [Repealed by
1957 c.160 §6]

PLACEMENT
OF YOUTHS IN FOSTER HOMES

420.810
Placement of youths in foster homes. All children in the legal custody of
the Department of Human Services, who in the judgment of the Director of Human
Services or the authorized representative of the director have made sufficient
progress in rehabilitation and reform, may be placed with any person or family
of good standing and character for care and education under an agreement
pursuant to ORS 420.815. [1953 c.153 §1; 1965 c.616 §44; 1971 c.84 §1]

420.815
Placement agreements with persons or families. (1) The
Director of Human Services or the authorized representative of the director may
enter into agreements with persons or families found suitable for the placement
of children in the legal custody of the Department of Human Services.

(2)
The agreement shall provide for the custody, care, education, maintenance and
earnings of the child placed for a time fixed in the agreement but not to
exceed the time when the child reaches the age of 21 years.

(3)
The agreement shall be signed by the person assuming the foster care and by the
director or the authorized representative of the director.

420.821
Visiting of foster homes by staff members. The Director of Human Services
or the authorized representative of the director shall designate members of the
staff of the director as visiting agents. As required by the director or the
authorized representative of the director, these visiting agents shall:

(1)
Visit the foster homes and children placed therein;

(2)
Ascertain whether the children are properly placed; and

(3)
Make reports to the director or the designated representative of the director
concerning the investigations and visits. [1971 c.84 §4 (420.821 enacted in
lieu of 420.820)]

420.825
Replacement of youth.
Any child placed pursuant to ORS 420.810 to 420.840 may on order of the
Director of Human Services or the authorized representative of the director be
replaced, if in the opinion of the director or the authorized representative of
the director the child would benefit by removal from the foster home. [1953
c.153 §4; 1971 c.84 §5; 2005 c.374 §3]

420.830 [1953 c.153 §5;
repealed by 1959 c.652 §24]

420.835
Prohibition of interference with control of placed child. No parent or
other person not a party to the placement agreement shall interfere with or
assume any control over the placed child. [1953 c.153 §6]

420.840
Cooperation of superintendents with other child welfare agencies. The Director of
Human Services or the authorized representative of the director in carrying out
the provisions of ORS 420.810 to 420.840 may cooperate with and consult any
private or public agency concerned with child welfare. [1953 c.153 §8; 1971
c.84 §6]

YOUTH
CARE CENTERS

420.855
Definitions for ORS 420.855 to 420.885. As used in ORS 418.020, 418.025 and
420.855 to 420.885, unless the context requires otherwise:

(2)
“Youth” means a youth as defined in ORS 419A.004 who is at least 12 years of
age and has been found to be within the jurisdiction of the juvenile court
under ORS 419C.005.

(3)
“Youth authority” means the Oregon Youth Authority.

(4)
“Youth care center” or “center” means a facility established and operated by a
public or private agency or a combination thereof, primarily to provide care
and rehabilitation services for youths committed to the custody of the youth
care center by the juvenile court or placed by the youth authority. “Youth care
center” or “center” does not include detention facilities established under ORS
419A.050 to 419A.057 except that when a county operates a combined facility to
provide both care and rehabilitation services under ORS 420.855 to 420.885, and
detention facilities, the combined facility may be considered a “youth care
center” to the extent that it is used to provide the care and rehabilitation
services for youths not in detention. [1967 c.444 §1; 1969 c.597 §139; 1971
c.401 §62; 1971 c.698 §4; 1985 c.500 §10; 1993 c.33 §346; 1995 c.422 §114]

420.860
Policy and intent.
It is declared to be the policy and intent of the Legislative Assembly that the
State of Oregon shall encourage, aid and financially assist its county
governments and public and private agencies in the establishment and
development of youth care centers for youths found to be in need of care and
rehabilitation pursuant to ORS 419C.446, 419C.450, 419C.478, 419C.481,
419C.486, 419C.489, 419C.492 and 419C.498. [1967 c.444 §10; 1993 c.33 §347;
1995 c.422 §115]

420.865
Commitment to youth care center. (1) The Oregon Youth Authority may
place a youth who has been placed in its legal custody pursuant to ORS 419C.478
or 419C.481 in a youth care center if the center complies with the provisions
of ORS 420.855 to 420.885 and has been approved by the youth authority.

(2)
Placement of a youth by the youth authority in a youth care center does not
terminate the juvenile court’s wardship over the youth or the custody of the
youth authority. The center may retain such youths in full- or part-time
residential care or, with the consent of the youth authority, may place them on
a full- or part-time basis in foster homes. [1967 c.444 §§2,4; 1971 c.401 §63;
1971 c.698 §5; 1993 c.33 §348; 1995 c.422 §116]

420.870
Standards for approval of youth care centers. Approval of the youth care
center by the Oregon Youth Authority, required by ORS 420.865, shall be based
on reasonable and satisfactory assurance that:

(1)
Adequate physical facilities exist which comply with applicable rules of the
Department of Human Services, the Oregon Health Authority and the State Fire
Marshal.

(2)
There is employment of capable and trained or experienced personnel.

(3)
The youth care programs include educational, vocational, recreational and
counseling opportunities that will be in the best interests of the youth.

(4)
A county must demonstrate that an adequate probation system for youths exists
in the county in order to be eligible for state support for a youth care
center. [1967 c.444 §3; 1971 c.401 §64; 1989 c.41 §1; 1995 c.422 §117; 2009 c.595
§376]

420.875
Application for state support of center; required reports. (1) An approved
youth care center is eligible for state support from funds appropriated to the
Oregon Youth Authority for that purpose to meet its operating expenses. Public
or private agencies operating a youth care center shall make application for
state support to the youth authority. The application shall contain such
information as may be required by the youth authority.

(2)
Upon receiving the application, the youth authority shall cause an
investigation of the affairs and methods of the youth care center and, if it
finds that the center meets the requirements of ORS 420.870, shall grant its
application for state support.

(3)
At such times as the youth authority may require, all youth care centers
receiving state support under the provisions of ORS 420.855 to 420.885, shall
file with the youth authority a financial and statistical report, and a report
on the content and conduct of the youth care center, in such form as may be
prescribed by the youth authority. If any youth care center fails to file the
prescribed reports within 30 calendar days after requested by the youth
authority, no further state support shall be paid until it has complied with
the provisions of this subsection. [1967 c.444 §5; 1969 c.196 §1; 1971 c.401 §65;
1995 c.422 §118]

420.880
Level of state support. Subject to the availability of funds, each youth
care center that has received approval from the Oregon Youth Authority and
continues to meet the requirements of ORS 420.855 to 420.885 and the rules of
the youth authority is eligible to receive state support in an amount to be
negotiated between the youth care center and the youth authority. [1967 c.444 §6;
1969 c.196 §2; 1971 c.401 §66; 1971 c.698 §6; 1974 c.57 §1; 1977 c.279 §1; 1985
c.500 §11; 1995 c.422 §119; 2001 c.295 §7]

420.885
Audit and payment of claims. (1) The youth care center shall present
to the Oregon Youth Authority an itemized statement showing the names of the
youths being cared for during the period for which the statement is submitted
and the amount which the center claims for the period. The youth authority
shall investigate the claim and approve only that portion which is in
accordance with the provisions of ORS 420.855 to 420.885 and the rules of the
youth authority.

(2)
When certified by the youth authority, claim for state reimbursements shall be
presented to the Oregon Department of Administrative Services and paid in the
same manner as the claims against the state are paid.

(3)
If the center is operated jointly by more than one public or private agency,
each agency participating in the operation shall be entitled to a pro rata
share of the amount due, to be determined by the contribution of each to the
operating cost of the center. [1967 c.444 §7; 1969 c.196 §3; 1971 c.401 §67;
1995 c.422 §120]

YOUTH
OFFENDER FOSTER HOMES

420.888
Definitions for ORS 420.888 to 420.892. As used in ORS 420.888 to 420.892:

(1)
“Youth authority” means the Oregon Youth Authority.

(2)
“Youth offender” has the meaning given that term in ORS 419A.004.

(3)
“Youth offender foster home” means any home maintained by a person who has
under the care of the person in the home, for the purpose of providing the
youth offender with supervision, food and lodging, a youth offender committed
to the legal custody of the youth authority under ORS 419C.478. The youth
offender must be unrelated to the person by blood or marriage and unattended by
the youth offender’s parent or guardian. [1995 c.422 §131m; 1997 c.727 §12;
2005 c.374 §1]

Note: 420.888 to
420.892 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 420 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.

420.890
Certification of youth offender foster homes. (1) A person may not operate a
youth offender foster home without a certificate of approval issued by the
Oregon Youth Authority.

(2)
A person may apply for a certificate of approval to operate a youth offender
foster home by submitting an application to the youth authority on a form
furnished by the youth authority.

(3)(a)
Upon receipt of an application under subsection (2) of this section, the youth
authority shall cause an investigation to be made of the applicant and the
applicant’s home. The youth authority, in accordance with rules adopted under
ORS 420.892, shall determine whether to issue a certificate of approval to the
applicant. The certificate must be in the form prescribed by the youth
authority and must state the name of the foster parent, the address of the
premises to which the certificate applies and the maximum number of youth
offenders to be maintained in the youth offender foster home at any one time.
The certificate applies only to the premises designated in the certificate and
a change of residence automatically terminates the certificate. The certificate
is effective for one year.

(b)
After notice and opportunity for hearing as provided in ORS 183.310 to 183.482,
the youth authority may deny an application for a certificate of approval under
paragraph (a) of this subsection. A person whose application for a certificate
of approval has been denied may appeal the decision to the Court of Appeals in
the manner provided in ORS 183.480 for the review of orders in contested cases.

(4)(a)
After notice and opportunity for hearing as provided in ORS 183.310 to 183.482,
the youth authority may revoke, deny an application to renew or attach
conditions to a certificate of approval issued under subsection (3)(a) of this
section for a violation of any provision of this section or ORS 420.892 or of
the rules adopted under ORS 420.892.

(b)
A person whose certificate of approval is revoked, not renewed or is made
subject to conditions by a decision of the youth authority under paragraph (a)
of this subsection may appeal the decision to the Court of Appeals in the
manner provided in ORS 183.480 for the review of orders in contested cases. [1995
c.422 §131n; 2005 c.374 §2]

Note: See note under
420.888.

420.892
Certification standards; rules. (1) The Oregon Youth Authority shall
adopt the rules it deems necessary or advisable to carry out the intent and
purposes of this section and ORS 420.890.

(2)
The youth authority shall adopt rules establishing standards for certification
of youth offender foster homes. The youth authority shall include in the rules
requirements that a foster parent receive training designed to assist the
foster parent in understanding juvenile delinquency and managing the behavior
that results from juvenile delinquency.

(3)
The youth authority or its representative shall visit every certified youth
offender foster home from time to time as often as appears necessary to
determine whether:

(a)
The youth offender foster home consistently maintains the standards established
by the youth authority; and

(b)
Proper care is being provided to youth offenders at the youth offender foster
home.

(4)
A person operating a youth offender foster home may not, as a disciplinary
measure against a youth offender in the youth offender foster home, deny a
parent or guardian of the youth offender the right to visit the youth offender.
[1995 c.422 §131o]

Note: See note under
420.888.

APPREHENSION
OF ESCAPED, ABSENT OR PAROLED YOUTH OFFENDERS

420.905
Definitions for ORS 420.905 to 420.915. As used in ORS 420.905 to 420.915:

(1)
“Juvenile community supervision officer” means an employee of the Oregon Youth
Authority who is classified as a juvenile parole and probation officer or a
juvenile parole and probation assistant.

(2)
“Peace officer” means:

(a)
A sheriff, constable or marshal, or the deputy of any such officer;

(b)
A member of the state police;

(c)
A member of the police force of a city or a university that has established a
police department under ORS 352.383 or 353.125; or

(a)
Return the law applicable to tribal police officers to the state in which the
law existed on the date immediately before the effective date of this 2011 Act
[July 22, 2011]; and

(b)
Do not deprive tribal police officers of any power, authority or protection
provided to tribal police officers by law on the date immediately before the
effective date of this 2011 Act. [2011 c.644 §58(3); 2011 c.644 §77(3)]

420.910
Arrest and detention of escaped, absent or paroled youth offenders. (1)(a) When a
youth offender placed in a youth correction facility has escaped or is absent
without authorization from the youth correction facility or from the custody of
any person in whose charge the youth offender lawfully has been placed, the
superintendent of the youth correction facility concerned, or the
superintendent’s authorized representative, may order the arrest and detention
of the youth offender.

(b)
When a youth offender on parole from a youth correction facility is absent from
the custody of a person in whose charge the youth offender lawfully has been
placed, or has failed to abide by rules of parole supervision or to respond
successfully to prior sanctions imposed by the Oregon Youth Authority pursuant
to administrative rule, the superintendent of the youth correction facility
from which the youth offender is on parole, or the superintendent’s authorized
representative, may order the arrest and detention of the youth offender.

(c)
The superintendent or authorized representative may issue an order under this
subsection based on a reasonable belief that grounds exist for issuing the
order. Where reasonable, the superintendent or representative shall investigate
to ascertain whether such grounds exist.

(2)
An order issued by the superintendent of a youth correction facility, or the
superintendent’s representative, as authorized by subsection (1) of this
section constitutes full authority for the arrest and detention by a peace
officer of the escapee, absentee or parole violator, and all laws applicable to
warrants of arrest shall apply to such orders.

(3)
An order issued by the superintendent of a youth correction facility, or the
superintendent’s representative, as authorized by subsection (1)(b) and (c) of
this section constitutes full authority for a juvenile community supervision
officer to take the parole violator into custody.

(4)
In lieu of the procedure in subsection (1) of this section, the juvenile court
of the county from which the youth offender or parolee was committed may direct
issuance of a warrant of arrest against the youth offender or parolee when
notified by the superintendent of the youth correction facility concerned, or
the superintendent’s authorized representative, that any youth offender placed
in a youth correction facility has escaped or is absent without authorization
from the institution to which committed, from parole supervision or from the
custody of any person in whose charge the youth offender lawfully has been
placed. [1957 c.129 §1; 1957 c.481 §1; 1963 c.256 §9; 1965 c.616 §46; 1985
c.229 §2; 1987 c.892 §3; 1995 c.422 §121; 2013 c.259 §3]

420.915
Procedure upon apprehension of escapee, absentee or parole violator; rules. (1) Upon
issuance of an order or warrant of arrest under ORS 420.910, a peace officer
may apprehend and deliver to a juvenile detention facility as described in ORS
419A.050 and 419A.052 the escapee, absentee or parole violator who is under 18
years of age. If the escapee, absentee or parole violator is 18 years of age or
older, a peace officer may deliver the person to an adult detention facility.

(2)
Upon issuance of an order for arrest under ORS 420.910 (1)(b), a juvenile
community supervision officer may apprehend and deliver to a juvenile detention
facility as described in ORS 419A.050 and 419A.052 the parole violator who is
under 18 years of age. If the parole violator is 18 years of age or older, a
juvenile community supervision officer may deliver the person to an adult
detention facility.

(3)
A youth correction facility escapee or absentee described in ORS 420.910 may be
held in a juvenile detention facility as described in ORS 419A.050 and 419A.052
or an adult detention facility as provided in subsection (1) of this section
for up to 36 hours.

(4)
The parole violator described in ORS 420.910 may be held in a juvenile
detention facility as described in ORS 419A.050 and 419A.052 or an adult
detention facility as provided in subsection (1) or (2) of this section no more
than 72 hours, excluding Saturdays, Sundays and judicial holidays, except
pursuant to such provisions as the Oregon Youth Authority may adopt by rule to
govern the use of detention for parolees and review of revocation of parole.

(5)
The director or authorized representative of the juvenile department in whose
juvenile detention facility the escapee or absentee from a youth correction
facility is held, or the administrator of the adult detention facility in which
the escapee or absentee is held, shall immediately inform the institution to
which such escapee or absentee was committed and shall surrender the escapee or
absentee to any person authorized by the superintendent or authorized
representative of such institution to receive the escapee or absentee.

(6)
The director or authorized representative of the juvenile department in whose
juvenile detention facility the parole violator is held, or the administrator
of the adult detention facility in which the violator is held, shall immediately
inform the paroling authority.